A lawyer representing former UTEP kicker Steven Valadez is trying to get his eligibility reinstated by the NCAA.

Valadez was dismissed from the team, along with a number of other players, this past spring shortly after new coach Sean Kugler took over. Eric Darnell of the Darnell Law Firm indicated Valadez tested positive for a masking agent, leading to him being declared ineligible by the NCAA.

What Darnell terms a false-positive came on a February test after Valadez began taking the medication Concerta to treat attention deficit hyperactivity disorder, a condition he was diagnosed with in March 2012, according to Darnell. Darnell said Valadez didn't tell anyone on the UTEP staff about his medical condition or his medication.

"He was 19, he thought something was wrong with him, he was embarrassed," Darnell said.Darnell said it would be unlawful for any state university to fire someone because of a disability, which ADHD is, according to the U.S. government.Kugler and the UTEP athletic department had no comment.

Darnell's actions, which he said could include a lawsuit against the NCAA, are directed at the NCAA and not UTEP.

"NCAA rules and regulations are deficient, and UTEP's compliance with deficient rules are what led to this," Darnell said.

His contention is that Valadez never should have been declared ineligible. He is appealing to the NCAA to make him eligible and he pointed out that Valadez is still a full-time UTEP student.

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Valadez made 10-of-15 field goals last year, 25-of-27 extra points and led the team in scoring with 55 points.

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